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Mian Muhibullah Kakakhel

  • Senior Advocate Supreme Court of Pakistan
  • Founding Partner

Biography

Mian Muhibullah Kakakhel has been a dynamic force in Pakistan’s civil society from an early age. At just 18, he was honored with a commission in the Pakistan Air Force, where he served as a Flight Lieutenant for a period of time. His academic journey has been marked by excellence, setting the stage for a distinguished professional career.

Among his notable achievements, Mr. Kakakhel candidated for the esteemed position of President of Pakistan, standing in opposition to General (r) Pervez Musharraf. He has played a pivotal role in numerous landmark trademark cases and is credited with hundreds of reported cases to his name. Recognized for his expertise, members of the National Assembly, Provincial Assembly, and judges often seek his counsel on both personal and professional matters.

Mr. Kakakhel made history as the youngest lawyer to be conferred the title of Senior Advocate of the Supreme Court of Pakistan, a prestigious honor bestowed upon only the most accomplished and seasoned litigators, akin to the title of Queen’s Counsel in the UK. Throughout his career, he has contributed to various national and international conferences, sharing his insights and further solidifying his reputation as a leading legal expert.

In addition to his legal prowess, Mr. Kakakhel is the author of several law books and has penned hundreds of articles for newspapers, offering his perspective on legal and societal issues, and contributing significantly to public discourse.

Associations
  • Life time member of the Supreme Court Bar Association of Pakistan
  • Chief Executive Officer of Lawyers for International Peace and Security (LIPS)
  • President of Pakistan Jurists Association.
  • Member of The Honourable Society of Lincoln’s Inn.
  • Member of International Bar Association, London (UK).
  • Member of World Jurist Association (US).
  • Member of Peshawar High Court Bar Association
  • Member Peshawar Bar Association
  • Member Charsadda Bar Association

Representative Experience
  • Currently representing Judicial Staff of the province of Khyber Pakhtunkhwa before the Supreme court of Pakistan.
  • Currently representing the Hostels Association of Khyber Pakhtunkhwa before the Supreme court of Pakistan who have challenged the law whereby Hostels are not allowed to operate in the residential areas of the Province.
  • Currently representing the retailers and businessmen, challenging the imposition of ban by Khyber Pakhtunkhwa government over sale and purchase of non-degradable plastic bags
  • Successfully challenged Khyber Pakhtunkhwa Medical and Teaching Institutions Reforms Act, 2015 before the Peshawar High Court under Article 199 of The Constitution of Islamic Republic of Pakistan, 1973.
  • Successfully challenged Khyber Pakhtunkhwa Economic Zones Development and Management Company, and the dissolution of Sarhad Development Authority and the merger of its assets in KPEZDM. First the Act of the parliament was declared null and void by the Peshawar High Court, which was followed by an Executive Order of the Governor Khyber-Pakhtunkhwa which too was successfully challenged resulting in the Chief Justice giving the employees and assets protection of the Court.
  • Handled Election matters of numerous Members of the Federal and Provincial Parliament which resulted in the Court allowing to contest the general elections of 2013.
  • Counsel of Sardar Mehtab Ahmad Khan Abbasi, (Former Chief Minister NWFP, Former Minister for Railway and Former Governor Khyber Pakhtunkhwa), before the Peshawar High Court, Peshawar challenging his arrest as chief minister by army and the military take over of the government by General Pervez Musharaf, The President of Pakistan.
  • Counsel for Mr. Gorsaran Lal, Molana Dildar, Begum Rukhsana raz, Yasmine Khalid, the members of provincial assembly compulsorily removed from the assembly filed writ petitions through Mr. Kakakhel in the Peshawar High court. The M.P.As were reinstated by the High court.
  • Counsel for Deputy speaker of provincial assembly NWFP Mr. Ikram ullah Shahid had also challenged his removal from the post of deputy speaker NWFP. The honorable High court restored him to his job .
  • Constitution petition for separation of Judiciary from the Executive, Political cases, inter-Alia, those of Ex. Chief Ministers like Inayatullah Khan Gandapur and Pir Sabir Shah, those of Ministers Like Shabzada Salahuddin, Ghani-ur-Rehman and others.
  • Murder Case of Allama Hussaini (for some accused) in which General Fazal-i- Haq, the late governor of N.W.F.P was the Principal accused.
  • Legal Advisor of numerous Companies/ Corporations and Government Departments.

Relied upon

Work of Mr. Kakakhel has been relied upon in the following matters:

  • International Bar Association( Family Law News Volume 2 number 1 september 2009 )
  • PAKISTAN COUNTRY OF ORIGIN INFORMATION (COI) REPORT COI Service 29 September
  • W.P. No. 5609 of 2011. M/s Khawer Paper Mart. vs. National Tariff Commission etc. Lahore High
  • Pakistan: Circumstances under which a woman has the legal right to get a divorce through the courts (judicial divorce) through her own initiative; circumstances under which single women can live alone
  • Dr. Abdul Qadeer Khan’s case
  • In the matter of Honda Atlas Cars (Pakistan) Limited
  • In the case of Umar Ayub Khan (Grandson of Ayub Khan)
  • Mr. Kakakhel article was published in Foreign Broadcast Information Service on ( 50th Anniversary 1941 – 1991 ) JPRS REPORT ( Near East & South Asia ) amongst few articles from the World on Prisoners of War..

Publications

Books Published

  • Constitution of Islamic Republic of Pakistan (Four Volumes). Published by Excellent Publishers, Lahore.
  • Words and Phrases (Three Volumes Legal Dictionary). Published by Kashmir Law Times, Lahore
  • Commentary on the Customs Laws.
  • Companies Laws. Published by Khyber Law Publishers, Lahore .
  • The Banking Laws
  • Laws relating to Maintenance of Public Order.
  • Expert on Shahadat.
  • Laws relating to cross examination in the trail courts.

Articles Published

  • The Law of Divorce in Pakistan
  • The Law of Contempt of Court in Pakistan
  • The Law on Prisoners Of War’s
  • Justice or Injustice Through Death Penalty
  • The Law of War
  • International Law on Air Warfare
  • Contempt of court law vs Imran Khan
  • Rule By Presidential Ordinances
  • The Law on Prisoners Of War’s
  • Why we should abolish the death penalty, The Muslim, Islamabad 19.1.1990
  • Women’s rights over men, The Frontier Post, 8.8.1990
  • Need to effect changes in Military Law, The Frontier Post, 30.81990
  • Newspapers and the Law o f contempt of court, The Frontier Post, 14.5.90 & 15.5.1990
  • U.S Interference in Pak Affairs, The Frontier Post, 9.12.1990
  • Main cause of injustice in Courts, The Frontier Post, 23.9.1990
  • Separation of Judiciary from Executive, The Frontier Post, 23.9.1990
  • The Law relating to information of offenses, The Frontier Post, 5.1.1991
  • Freedom and liberty, The Frontier Post, 16.1.1991
  • The law of war, The Frontier Post, 16.1.1991
  • Legislators qualifications reviewed, The Frontier Post, 19.1.1991
  • Freedom of Press and Expression, The Frontier Post, 5.2.1991
  • Law relating to Prisoners of War, The Frontier Post, 13.2.1991
  • International law of air warfare, The Frontier Post, 21.2.1991
  • Legislation through ordinances, The Frontier Post, 3.3.1991
  • Constitutional safeguards against arrest & detention, The Frontier Post, 18.3.1991
  • Law, Islam and Shariat Bill, The Frontier Post, 27.3.1991
  • Law of Arrest & detention, The Frontier Post, 8.4.1991
  • Martial Law, Constitution and Courts, The Frontier Post, 25.4.1991
  • Generals, Constitution and Military Explosives, The Frontier Post, 14.5.1991
  • Law and the Law Makers, The Muslim, 16.11.1991
  • Rule of law and the constitution, The Muslim, Nov 19.1991
  • Of law and the law-makers, The Muslim, Nov 26.1991
  • The Constitution and press freedom, The Muslim, Dec, 18 1991
  • Constitutional safeguards against arrest and detention, The Muslim, Dec, 15 1991
  • Law of arrest and detention-II, The Muslim, Dec. 15,1991
  • Separation of Judiciary from Executive, The Muslim, Dec, 21, 1991
  • Handling military explosives with care, The Muslim, Mar, 5, 1991
  • Constitutional rights and military law, The Muslim, Mar 4, 1992
  • Law, Crime and Justice, The Muslim, Mar 4, 1992
  • Principles of criminal justice, The Muslim, 27 Fec, 1992
  • Constitutional Principles of state policy, The Muslim, 3 Fec, 1992
  • War criminals in International Court of Justice, , The Muslim, 3 Fec, 1992
  • Main cause of criminal injustice, The Muslim, 11 May 1992
  • International law on air warfare, The Muslim, 27 May 1992
  • Equality of citizens under the constitution, The Muslim, 2 June 1992
  • Is Pakistan a sovereign state?, The Muslim, June 16, 1992
  • Fundamental Rights under the constitution, The Muslim, June 16, 1992
  • Constitutional role of the armed forces, The Muslim, Jan 3 1993
  • Presidential ordinances and the law of bail, The Frontier Post, Jan 29, 23
  • High treason, generals and superior courts, The Muslim, Feb 25 1993
  • Newspapers and the law of contempt of courts, The Muslim, Feb 1 1993
  • War crimes in Bosnia and Kashmir, The Frontier Post, Mar 5 1993
  • War crimes in Bosnia, Kashmir and occupied Palestine, The Muslim, Mar 5, 93
  • War crimes in Bosnia and Kashmir, The Frontier Post, Mar 5 1993
  • What does the constitution say about freedom of press, The Muslim, Mar 16 1993
  • Constitutional validity of presidential ordinances, The Muslim, Oct 2 1993
  • Supremacy of the constitution and rules of law, The Muslim, Nov, 26 1993
  • Constitutional or fundamental rights, The Muslim, Nov 30 1993
  • Pres. Ordinances, Courts and liberty through bail, The Muslim, Nov 5 1993
  • Presidential ordinances and the law of bail, The Muslim, Aug, 29 1995